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1 ETTENSON V. BURKE, 2001-NMCA-003, 130 N.M. 67, 17 P.3d 440 ROBERT H. ETTENSON, Plaintiff-Appellee/Cross-Appellant, vs. LAWRENCE J. BURKE and MARIAH MEDIA, INC., a Delaware corporation, Defendants-Appellants/Cross-Appellees.
Docket No. 19,953 COURT OF APPEALS OF NEW MEXICO 2001-NMCA-003, 130 N.M. 67, 17 P.3d 440 December 07, 2000, Filed APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY. Stephen D. Pfeffer, District Judge. Certiorari Denied, No. 26,739, January 19, 2001. Released for Publication January 22, 2001. As Corrected February 12, 2001. COUNSEL Jack N. Hardwick, Sommer, Fox, Udall, Othmer, Hardwick & Wise, P.A., Santa Fe, NM for Appellee/Cross-Appellant. Owen C. Rouse III, Frank T. Herdman, Rubin, Katz, Salazar, Alley & Rouse, a Professional Corporation, Santa Fe, NM for Appellants/Cross-Appellees. JUDGES RICHARD C. BOSSON, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, M. CHRISTINA ARMIJO, Judge. AUTHOR: RICHARD C. BOSSON OPINION

{*70} {*443} BOSSON, Judge. {1} A fired corporate officer sued both his employer and his chief executive officer, who was the controlling shareholder of the corporation and his immediate supervisor, for damages arising from his termination. The lawsuit alleges a potpourri of creative legal theories sounding in both tort and implied contract. As a matter of first impression under New Mexico law, we hold that an employee can sue his supervisor, individually, for the tort of interference with contractual relations, meaning contractual obligations owed by the corporation to the employee, and that this tort can provide the foundation for a civil conspiracy action. We also explain why the instruction submitted to the jury for this claim was fatally flawed. Further, we decide under Illinois law that this employee had an actionable claim against the corporation for breach of an

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